Lorry driver waited too long for claim
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k LORRY DRIVER who was forced to resign when his !mployers split up has had his constructive dismissal appeal ejected by Manchester Industrial Tribunal.
It heard that driver David Powell lost his job with Palldrum Ad in March 1979, but did not submit a constructive dismissal iaim until May 18.
The Tribunal said that in .lovember 1978 Mr Powell was old by a director, K. J. Stimon, that the company could tot pay him. He continued to vork for a further period until /Ir Stimson told him not to eport for work as he was seting up in business on his own 4count.
It appeared that the two lirectors of the company, Mr ■ timson from the Beeston ;rooks depot and John Deraney from the Macclesfield lepot, had fallen out and had lecided to go into business on heir own.
Mr Powell did as he was equested and did not return o work. Despite the fact he lid not receive any pay, it was not until March that he attempted to clarify his position. Mr Powell said he felt he was still employed by the company.
For "constructive dismissal" to be proved it had to be shown that the employer was in breach of the contract of employment to a considerable extent.
Implied in every contract was an obligation for the employer to pay agreed wages promptly. Failure to do so constituted a fundamental breach. Regrettably Mr Powell acted too late.
Whatever was said by Mr Stimson and however this was interpreted by Mr Powell it was wholly unreasonable for the latter to allow several months to elapse before taking any effective action to secure whatever rights he had and to raise the question of "constructive dismissal". The Tribunal felt that the delay from December to March was too long to justify a claim of "constructive dismissal".
The Tribunal had decided that Mr Powell's application was too long delayed in any event.
It said that when Mr Stimson told him to return home this was a clear indication that his employment with the company was effectively at an end. It took the view that Mr Powell's employment had been terminated in the latter part of 1978 so his application should have been lodged with the Tribunal no later than the end of March.
The Tribunal commented that they could not view the treatment of Mr Powell by the two directors with anything but disfavour.